When we talk about wills we talk about very personal issues. For this reason we like to listen and from there explain and advise.
In the vast majority of cases, whoever owns a home in Spain wishes to leave the spouse or partner, his or her share of the property. It is not about wanting to exclude children, they are almost always appointed substitutes, but it is intended to ensure that the heirs will not have any problems using or disposing of the property.
However it does not necessarily have to be so. there are ways to make a different Will. What we know as 'Mirror Will' is the most usual solution but it is not always what you want. The origin of the money with which the house was bought, the existence of children from different marriages, the absence of relationships with any of the children and the willingness to help those who are in a less favourable situation are circumstances that our clients want to have taken into account.
That's why we listen, because in some cases what you want to do and what you think you should do are not always compatible.
Making a Will is considered an act so personal that it is not possible to do it jointly.
There are different kinds of wills, open, closed and holographic. The most used is the open. This is granted before a Notary Public and a series of formalities should be followed.
There are four general considerations to be known:
- Every Will can be revoked or modified.
- The original of the will is kept at the Notary office, we only receive a copy. After death, the heirs request what is called an authorized copy. The notary confirms the existence of the will with a central registry in Madrid and so, with the correct documentation, it can be established before which Notary the last Will was made by a person before death.
- If we have a will made in Spain and we grant another one anywhere in the world it is necessary to record in this will that the testament granted in Spain maintains its effect, it should not be considered revoked.
- Even if you do not want the contents of your will to be known, it would be sensible to let your relatives or interested persons know that it exists. We also advise our clients to inform whoever communicates that Ferrández Solicitors holds a copy of the Will.